On Concept Misunderstanding of Criminal Responsibility in Crimes Commited by Unit and Its Amendment
Zuo Jian-we
Abstract
Zuo Jian-we
Abstract
At present,the criminal responsibility of unit crimes determined by criminal theory in China is still restricted by the theory of criminal responsibility of natural person.In fact,the punishment principle applicable to crimes by natural person is used to punish unit crime,which can not meet the needs of judicial practice.Meanwhile,if the punishment criteria applicable to crime by natural person are used to measure whether the criminal punishment imposed on unit crime is rational,the inevitable conclusion is that the actural needs of judicial practice will be completely divorced from theoretical state.The concept of criminal responsibility of unit crime should be rectified and criminal responsibility system of unit crime should be constructed based on the individual characteristics of unit crime in an effort to step out of misunderstanding.
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At present,the criminal responsibility of unit crimes determined by criminal theory in China is still restricted by the theory of criminal responsibility of natural person.In fact,the punishment principle applicable to crimes by natural person is used to punish unit crime,which can not meet the needs of judicial practice.Meanwhile,if the punishment criteria applicable to crime by natural person are used to measure whether the criminal punishment imposed on unit crime is rational,the inevitable conclusion is that the actural needs of judicial practice will be completely divorced from theoretical state.The concept of criminal responsibility of unit crime should be rectified and criminal responsibility system of unit crime should be constructed based on the individual characteristics of unit crime in an effort to step out of misunderstanding.
Key concepts: Punishment (psychology), Unit (ring theory), Criminal responsibility, Criminal law, Natural person, Law, Criminology, Criminal procedure